Re J [2010] MHLO 167 (COP)

Under MCA 2005 s22(3) ('Powers of court in relation to validity of lasting powers of attorney') the court can consider any past behaviour or apparent prospective behaviour by the attorney (not just behaviour as P's attorney); depending on the circumstances and gravity of any offending behaviour found, it can then take whatever steps it regards as appropriate in P’s best interests (this only arising if P lacks capacity) whether by revoking the power or by taking some other course.

Citations

Re J (unreported decision of HHJ Marshall QC on 6/2/10)

External link

Extract from transcript, on OPG website